Anderson

Respondent’s employee appeals from a judgment in favor of respondent Union Oil Company in a class action for declaratory relief. By the action, plaintiff sought to claim certain alleged benefits under an employee’s sick pay plan.

Facts:

Appellant was first employed by respondent on December 26, 1944. He sustained an industrial injury on March 20, 1972, and again on September 21, 1972. The provisions for sick pay allowance are contained in the articles of agreement between respondent Union Oil and the appellant’s labor union. Article 20 on page 48 of the agreement provides for and explains the sick pay allowance. Article 20 provides: “Regular full time employees will be granted sick pay allowance for working time lost because of sickness or injury in accordance with the following provisions.” It further provides: “Working-time lost shall include only those hours normally and regularly scheduled at straight time. Sick pay allowance for scheduled working time lost due to sickness or injury will be at the vacation rate of pay. The amount of sick pay allowance payable will be reduced by any temporary disability benefits or indemnity that the employee may become entitled to…